Sunteți pe pagina 1din 12

FOURTEENTH CONGRESS OF THE }

REPUBLIC OF THE PHILIPPINES }


..
,.~,
,
!,
,,
I
. ) i

, i.i' ,
:
'

First Regular Session }


/

S. No. 2008

Introduced by Senator FRANCIS G. ESCUDERO

EXPLANATORY NOTE

Public Welfare and Proper Plumbing System are the concern of all.
These are underscored in the plumbing works of buildings. It is necessary
that plumbing design and installation be undertaken by people with
adequate academic and technical background in accordance with sound
engineering practice and generally accepted standards.

Some forty years ago, 1955, Congress enacted R.A. 1378, otherwise
known as the Plumbing Law, which regulates the trade of master plumbers.
High School graduates with five years plumbing experience used to
dominate the trade. With the advent of high rise buildings their numbers
are dwindling but sustaining. Master Plumbers with engineering expertise
are coming about. Since then the law has become outmoded with
provisions that do not harmonize with the times: To date the practice of
plumbing is still considered a trade, although the act of plumbing works has
become more complex with the emergence and expansion of all types of
buildings design and construction, coupled by the trend of urbanization, the
proliferation of urban centers, and the subsequent complexity of
architectural and engineering works these all the more spell out the demand
for plumbing engineer.

The burgeoning plumbing industry dramatizes the need for the


participation of Plumbing Engineers with good academic background in
engineering to cope u p with the new technology required. The time has
come, after two scores to upgrade the plumbing profession. R.A. 1378 must
give way to a new law for Plumbing Engineers. Plumbing Engineering must
be accorded professional acceptance and recognition.

Section 1 (B), Item (15) of R.A. 6511, An Act Amending Republic Act
465, A n Act to Standardize the Examination and Registration Fees charged
by the National Examining Boards, and the other purposes, provide and
lists down the Profession of Plumbing Engineers as a preparation for the
regulation of the profession. For this reason, registered engineers who are
holders of Master Plumbers Certificate have responded to the call of the
times and bonded themselves together under one roof, the Philippine
Institute of Plumbing Engineers (PIPE). Their move was backed up by
colleges and universities who recognized the importance of plumbing
engineering by offering it as a distinct course. Congress has to come u p
with the law to elevate the plumbing trade to one of professional engineering
and in the interest of public welfare.

Approval of this bill is urgently requested.


FOURTEENTH CONGRESS OF THE }
REPUBLIC OF THE PHILIPPINES }
First Regular Session 1

SENATE
S. No. 2008

Introduced by Senator FRANCIS G. ESCUDERO

AN ACT REGULATING THE PRACTICE


OF PLUMBING ENGINEERING
IN THE PHILIPPINES

Be it enacted by SENATE and HOUSE OF REPRESENTATWES of the


Philippines in Congress assembled:

SECTION 1. Title - This Act shall be known as the "Philippine


Plumbing Engineering Act".

SECTION 2. Definition of Terms:


(a) Practice of Plumbing Engineering - The practice of Plumbing
Engineering is a professional and organized act of gathering
physical data for an effective performance in the design and
installation of plumbing systems of buildings and other
structures. I t shall embrace services, but not limited, to the
following activities:

(1) Consultations, designing, preparation of plans,


specifications, estimates, erection, installation and
supervision of plumbing work including the inspection
and acceptance of materials used therein in connection
with any of the following:

a. Storm Drainage Piping Systems;

b. Soil Waste and Vent Piping Systems;

c. Hot and Cold Water Supply Piping System;

d . Private Sewage Disposal Systems; and

e. All other related p@ing installation within the building.

I
Extension, alteration and modifications of all pipings for
furtures, equipment, appliances, and appurtenances in
connection with any of the above scope.

The enumeration of sub-section (1) and (2) above, shall


not be construed as excluding any other work requiring
plumbing knowledge and application.

Engagement in the transfer of the knowledge and


technology of plumbing engineering in any institution of
learning;

SECTION 3. Creation and Composition of the Board of Plumbing


-
Engineering There is hereby created a Board of Plumbing Engineering,
hereinafter called the Board, to be composed of a chairman and two (2)
members to be appointed by the President of the Philippines from a list of
three (3) recomendees of the Professional Regulation Commission,
hereinafter called the commission for each position, chosen in rank in the
order of preference and from the list of five (5) nominees for each position
submitted by the accredited Integrated National Organization of Plumbing
Engineers and Master Plumbers. The first set of nominees for the first
composition may be submitted by the present association of Plumbing
Engineers unless the integrated shall have been set up for the purpose. The
first composition shall be organized not later than six (6) months from the
effectivity of this Act.

SECTION 4. Qualifications of Members of the Board - A member


of the Board shall at the time of his/her appointment, possess the following
qualifications:

Natural born citizen and resident of the Philippines;

Must be at least forty (40)years of age;

Must be a Plumbing Engineer holding a valid Certijicate of


Registration and a valid Professional License as a Plumbing
Engineer having a degree of Bachelor of Science in Engineering
and an active practitioner in Master Plumber/Plumbing
Engineerkg for not less than ten (1 0)years prior to appointment;

Must not be a member of the faculty of any school, academy,


institute, college or university where a regular course in Plumbing
Engineering is being taught, nor have pecuniary interest in or
administrative supervision over any such institution of learning;

Must not, f o r a period of three (3) consecutive years prior to


appointment, be connected with a review center or with any group
or m y association where review classes or lectures in preparation
for the licensure examination are offered or conducted at the time
of appointment; and

d
Ifl Must not have been convicted of any offense involving moral
turpitude.

SECTION 5. Term of Office - The members of the Board shall hold


office for a term of three (3)years and until their successors shall have been
appointed and qualified. Of the members of the Board first appointed under
this Act, one (1) member shall be appointed and hold office for three (3)
years; and one (1)member for two (2) years, one (1)member for one year.

The Chairman or member of the Board may be re-appointed for


another term but in no case shall he serve continuously for more than six
(6)years. Each member of the Board shall qualify by taking the proper oath
of office prior to the assumption in the performance of duties.

Any vacancy occurring in the membership of the board within the


term of a member shall be filled for the unexpired portion of the term only.

SECTION 6. Compensation of the Board Members - The Chairman


and members of the Board shall receive compensation and allowances
comparable to the compensation and allowances received by existing
Professional Regulatory Boards with Professional Regulation Commission
(PRC), hereinafter referred to as the Commission, as provided for in the
General Appropriations Act.

SECTION 7. Vacancy and Removal of Board Members - Any


vacancy occurring in the membership of the Board within the term of a
member shall be filled for the unexpired portion of the term only. The
President may remove any member of the Board, upon the recommendation
of the Commission, on the following grounds:

(a) Neglect of duty or incompetence;


(b) Violation or tolerance of the violation of this Act or the Code
of Ethics or Technical Standards for Plumbing Engineers;
(c) Final judgment of a crime involving moral turpitude.

He/She shall be given due notice and hearing where his/her right to
be heard and to defend him/ herself, assisted by counsel, shall be respected
in a proper administrative investigation the commission shall conduct.

SECTION 8. Powers and Duties of the Boarb - The Board shall


exercise the following specific powers, functions, duties and responsibilities:

(a) To promulgate and adopt the rules and regulations


necessary for carrying out the provisions of this Act;

(b) To supervise the examination, registration, licensure and


practice of Plumbing Engineering and Master Plumbing in the
Philippines;

3
To administer oaths in connection with the successful
examinees entering the practice of Plumbing Engineering and
Master Plumbing;

To issue the CertQcate of Registration to successful


examinees;

To issue, suspend, revoke, or reinstate the Certificate of


Registration and Professional License for the practice of the
Plumbing Engineering profession;

To adopt an official seal of the Board;

To look into the conditions affecting the practice of the


professions and whenever necessa y, adopt such measures
as may be deemed proper for the enhancement and
maintenance of high professional and ethical standards of
the professions;

To ensure, in coordination m'th the Commission on Higher


Education (CHED), that all educational institutions offering
Plumbing Engineering education comply with the policies,
standards and requirements of the course prescribed by
CHED in the areas of curriculum, faculty, library and
facilities;

To prescribed and/or adopt a Code of Ethics and a Code of


Technical Standards for the practice of the Plumbing
Engineering professions;

To hear and try administrative cases involving violations of


this Act, its implementing rules and regulations, the Code of
Ethics / Technical Standards and for the purpose, to issue
subpoena and subpoena duces tecum to secure the
appearances of witnesses and the production of documents
in connection therewith;

To prescribe guidelines for the Continuing Professional


Education (CPE) program in coordination with the accredited
integrated National Association of Professional Plumbing
Engineers;

To prepare, adopt issue or amend the syllabi of the subjects


for examination.

(m) To approve, issue, limit or revoke temporary special permit


license to practice Plumbing Engineering;

(n) Discharge such other duties and functions as may be


deemed necessary for the enhancement of the Plumbing
Engineering professions and the upgrading, development
and growth of Plumbing Engineering education in the
Philippines;

4
SECTION 9. Supervision of the Board, Custodian of its Records,
Secretariat and Support Services - The Board shall be under the
administrative supervision of the Commission. All records of the Board,
including the application for examination, examination papers and results,
minutes of deliberation, administrative cases and other investigations
involving Plumbing Engineers shall be kept by the Commission.

The Commission shall designate the Secretary of the Board and shall
provide the secretariat and other support services to implement the
provisions of this Act.

SECTION 10. Annual Relport - The Board shall, at the close of each
calendar year, submit an annual report to the President of the Philippines
through the Professional Regulation Commission, giving detailed account of
its recommendation for the adoption of measures that will upgrade and
improve the conditions affecting the practice of Plumbing Engineering in the
Philippines.

SECTION 11. Examinations Required - All applicants for


registration for the practice of Plumbing Engineering shall be required to
undergo and pass a written technical examination provided for in this Act.

SEC~XON 12. Qualifications of Applicant for Plumbing


Engineering Examination - Every applicant for Plumbing Engineer
examination shall establish the following:

He/she is a citizen of the Philippines or a foreigner whose country


state has reciprocity with the Philippines in the practice of the
profession;

Of Good Moral Character and;

Withinfive yeas upori approval of this Act, a graduate of any BS


degree in Engineering or Architecture may qualqy for the
examination provided.

That he/she is a graduate of Bachelor of Science in Plumbing


Engineering in a school, academy, institute or college duly
recognized by the Government.

SECTION 13. Fraudulent Application - The Board may suspend or


revoke a Certificate of Registration obtained through misrepresentation
made in the application for examination.

SECTION 14. Scope of Examinations - The examination for


Plumbing Engineering shall basically cover the following subjects:

a. Mathematics;
b. Theory and Practice of Plumbing
c. Hydraulic and Plumbing Principles
d, Plumbing L a w s and National Codes
e. Plumbing Design and Installation
f. L a w s o n Obligations and Contracts;
g. Code of Ethics of the Profession

The said subjects and their syllabi maybe amended by the Board so
as to conform to technological changes brought about by continuing trends
in the profession.

SECTION 15. Rating in the Board Examination - To be qualified


as having passed the board examination for Plumbing Engineers, a
candidate must obtained a weighted general average of seventy (70%)with
no grade lower than fifty-five percent (55%)in any given subject must take
the examination in the subject or subjects where he/she obtained a grade
below fifty-five percent (55Yo).

SECTION 16. Report of Ratings - The board shall submit to the


commission the rating obtained by each candidate within twenty (20)
calendar days after the examination, unless extended for just cause. Upon
the release of the results of the examination, the board shall send by mail
the rating received by each examinee at his given address using the mailing
envelope submitted during the examination.

-
SECTION 17. Re examination - An applicant who fails to pass
the examination for the third time shall be allowed to take another
examination only after the lapse of one year.

SECTION 18. Oath - All successful candidates in the examinations


shall be required to take an oath of profession before the Board or any PRC
Official authorized by the PRC to administer oaths, prior to entering upon
the practice of the Plumbing Engineering profession.

SECTION 19. Certificate of Registration and Professional License


- A Certificate of Registration' shall be issued to applicants who pass the
examination for Plumbing Engineers subject to payment of registration fees.

The Certificate of Registration of a Professional Plumbing Engineer


shall bear the signatures of the Chairman of the Board and its member
attested by the Secretary of the Professional Regulation Commission and
stamped with the official seal of the Board indicating that the person named
therein is a registered Plumbing Engineer.

A professional license bearing the registration number, date of


issuance, expiry date and duly signed by the Chairman of the Board, shall
likewise be issued to every registrant, upon payment of the professional
fees. No person shall practice Plumbing Engineering in the manner contrary
to herein provided. A license is entitled to practice the profession with all
the privileges appurtenant thereto until the expiration of the validity of his
license.

SECTION 20. Seal and Use of Seal - (a)Each registrant shall, upon
registration, obtain the seal of such design as the Board of Plumbing
Engineering may adopt. Plans and specifications prepared by, or under the
direct supervision of a registered Plumbing Engineer, shall be stamped with
said seal during the validity of the professional license. NO person shall
stamp or seal any document with the seal .of a registrant after his
professional license has expired, lost its validity, unless he has been
reinstated at the practice and/or unless his license has been renewed.

fb) No officer or employee of the government, chartered cities,


provinces and munic@alities now or hereafter charged with
the enforcement of laws, ordinances or regulations relating
to all Plumbing Engineering practices shall accept or
endorse any plumbing plans or documents which have not
been prepared and submitted in f i l l accord with the
provisions of this Act, nor shall any payment be approved
by any such officer for any work, the plans and documents
of which have not been prepared, signed and sealed by a
duly licensed Plumbing Engineer.

No Plumbing Engineer shall sign his name, af@ his seal or


use any other method of signature on plans, specifications
or other documents made by under another Plumbing
Engineer’s supervision unless the s a m e is made in such
manner as to clearly indicate the part of such work actually
performed by him; and no person, except the Plumbing
Engineer in charge, shall sign for any branch of work or
any function of Plumbing Engineering practice not actually
performed by him. The Plumbing Engineer in-charge shall
be fully responsible for all plans, specifications and other
documents issued under his seal or authorized signature.

The Board shall formulate, adopt and promulgate all necessary rules
and regulations for the effective implementation of the provisions relating to
the design of the seal, the signing and sealing of drawings, specifications,
reports and other documents by Plumbing Engineers.

(d) Plans and documents duly signed, stamped or sealed as


instruments of service are the property and documents of
the Plumbing Engineer.

SECTION 21. Indication of License and Professional Tax Receipt


- The Plumbing Engineer shall be required to indicate his professional
license number, the duration of validity, including the professional tax
receipt number and the official receipt number of the payment of his/her
annual dues with the duly accredited organization on the documents he
signs, uses in connection with the practice of his profession.

SECTION 22. Grounds for Suspension and Revocation of License,


Cancellation of Temporary / Special Permit - The Board shall have the
power, upon due notice and hearing, to revoke or suspend the license of a
Plumbing Engineer, or to cancel a temporary / special permit for any cause
specified in the proceeding section, including but not limited to:
The use or perpetration of any fraud deceit in obtaining a
certificate of registration;

For incompetence, negligence, or for abatement of the illegal


practice of Plumbing Engineering;

Violation of the provisions of this Act, its implementing rules and


regulations and/or violation of the policies of the Board including
the Code of Ethics for Plumbing Engineers.

Provided, however, that such action of the Board shall,be subject to


appeal to the Commission, within fifteen (15)days from written notice.

SECTION 23. Vested Rights: Automatic Registration of


Practicing Registered Master Plumbers 1 Plumbing Engineers - All
practicing Master Plumbers / Plumbing Engineers who are registered at the
time this Act takes effect shall automatically be registered. As per
qualification enumerated in Sec. 30 sub-section (c).

SECTION 24. Practice N o t Allowed for Firms and Corporations -


The practice of Plumbing Engineering is a professional service, admission to
which shall be determined upon the basis of an individual's personal
qualifications, for which the Plumbing Engineer is responsible for the
correctness of the plumbing work.

No firm, company, partnership, association or corporation may be


registered or licensed as such for the practice of Plumbing Engineering.
Provided, however, that persons properly registered and licensed as
Plumbing Engineering may among themselves or with a person or persons
properly registered and licensed as Plumbing Engineer may form and obtain
registration with the Securities and Exchange Commission (SEC) of a firm,
partnership or association using the term "Plumbing Engineer", but nobody
shall be a member, partner or associate unless he is a duly registered and
licensed Plumbing Engineer, and the members who are Plumbing Engineers
shall only render work and services proper for a Plumbing Engineers as
defined in this Act.

SECTION 25. Integration of Membership To One National


Organization - Upon registration with the Board, the Registered Plumbing
Engineers shall be integrated to one National Organization in accordance
with the Rules of Integration adopted by the Supreme Court in integrating
the members of the Philippine Bar. The members shall receive the benefits
and privileges appurtenance thereto. Those who have been registered with
the Board but not yet a member of the accredited organization at the time of
the effectivity of this act, shall be allowed to register as member of the said
organization within three(3)years after the effectivity of this act.

SECTION 26. Foreign Reciprocity - No foreign Plumbing Engineer


shall be issued a temporary license to practice the Plumbing Engineer shall
be issued a temporary license to practice the Plumbing Engineering
profession or consultancy thereof or be entitled to any of the rights and
privileges under this Act unless the country of which he is a subject or
citizen specifically permits Filipino Plumbing Engineers to practice within its
territorial limits on the same basis as the subjects or citizens or such
foreign state or country.

ARTICLE VI

GENERAL PROVISIONS

SECTION 27. Implementing Rules and Regulations - Subject to


the approval of the Commission, the Board shall adopt and promulgate
such rules and regulations, including the Code of Ethics for Plumbing
Engineers to carry out the provisions of this Act, which shall be effective
after thirty (30)days following their full publication in the Official Gazette or
in a major daily newspaper of general circulation.

SECTION 28. Funding - Such sums as may be necessary to carry


out the provisions of this Act shall be included in the General
Appropriations Act of the year following its enactment into law and
thereafter. Provided, however, that fifty percent (50%) of the fees derived
from examination, registration and licenses shall be utilized by the Board of
defray its administrative and other operational expenses, including the
enhancement of the Plumbing Engineering profession.

SECTION 29. Enforcement - The Professional Regulation


Commission shall be the enforcement agency of the Board. A s such, enforce
its implementing rules and regulations as adopted by the Board, conduct
investigations upon complaints, including violations of the Code of Conduct
of the profession and prosecute when so warranted.

SECTION 30. Transitory Provisions - (a) The existing Board of


Master Plumbing shall continue to function in the interim until time as the
new Board shall be duly constituted pursuant to this Act.

(b) Examination for Master Plumber shall cease to be


conducted upon effectivity of this Act.

(c) Certificate of Registration without Examination shall be


issued within a grace period of two (2) years by the Board
first constituted to applicant W h o meet the qualifications
and requirements enumerated hereunder:

(dl Registered Master Plumber to Professional Plumbing


Engineer:

d.a That he is a citizen of the Philippines and at least twenty


one (21)years old;
d.b That he is of good moral character;
d.c That he is aphysically and mentally healthy;
d.d That he is a registered and licensed Master Plumber at
the same time he is registered and licensed engineer and
architect;

4
d.e That he is a registered and licensed Master Plumber with
at least two (2) years of college in Engineering and
Architecture, two (2) years of plumbing experience
acceptable to the Board; or
d.f That he is a registered and licensed Master Plumber with
at least three (3) years of college in Engineering or
Architecture and one (I) year experience acceptable to the
Board; or
d.g That he is a registered and licensed Master Plumber with
at least four (4) years experience in plumbing acceptable
to the Board; or
d.h That he is a registered and licensed Master Plumber with
at least two (2)years plumbing experience and CPE units
earned as prescribed by the CPE Council and approved
by the Board;
d.i That he is a registered and licensed Master Plumber with
a combination of college w o r k , plumbing experience and
CPE units earned as shall be prescribed and approved by
the Board.

(e) A registered and licensed Master Plumber who does not


qualify for automatic registration for Plumbing Engineer as
provided for in the preceding paragraph (d), sub-section
(c.c), Section 30, Article VI are therefore required to take the
Bachelor Science in Plumbing Engineering course to qualify
for the Plumbing Engineering examination.

SECTION 31. Penalties - In addition to the administrative


sanctions, any of the provisions of this Act, upon conviction, be penalized by
a fine of not less than Fifty thousand pesos (@ 50,000.00) nor more than
Two hundred thousand pesos (9 200,000.00) or imprisonment of not less
than six (6)years, or both such fine and imprisonment, a t the discretion of
the court.

SECTION 32. Separability Clause - If any clause, provision,


paragraph or part hereof shall be declared unconstitutional or invalid, such
judgment shall not affect, invalidate or impair any other part thereof, but
such judgment shall merely be confined to the clause, provision, paragraph
or part directly involved in the controversy upon which such judgment has
been rendered.

SECTION 33. Repealing Clause - Republic Act No. 1378 is hereby


repealed. All other laws, decrees, National Codes, executives orders, letter
of instructions and other administrative issuances and parts thereof which
are inconsistent with the provisions of this Act are hereby modified,
suspended or repealed accordingly.

SECTION 34. Effectivity - This act shall take effect fifteen (15)
days following its publication in full in the Official Gazette or major daily
newspaper of general circulation in the Philippines, whichever is earlier.

Approved,

S-ar putea să vă placă și